BILL REQ. #:  S-0392.1 

Read first time 02/09/11.   Referred to Committee on Environment, Water & Energy.

     AN ACT Relating to limitations on withdrawing various waters from additional appropriations; and reenacting and amending RCW 90.54.050.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 90.54.050 and 1997 c 439 s 2 and 1997 c 32 s 3 are each reenacted and amended to read as follows:
     (1) In conjunction with the programs provided for in RCW 90.54.040(1), whenever it appears necessary to the director in carrying out the policy of this chapter, the department may by rule adopted pursuant to chapter 34.05 RCW:
     (((1))) (a) Reserve and set aside waters for beneficial utilization in the future((,)); and
     (((2) When sufficient information and data are lacking to allow for the making of sound decisions)) (b)(i) When the department has sufficient information establishing impairment based on sound, reliable science that has undergone peer review, withdraw various waters of the state from additional appropriations ((until such data and information are available)).
     (ii) Prior to withdrawing waters of the state from additional appropriations, the department must establish an alternate available water source for use in the closed basin.
     (iii) Before proposing the adoption of rules to withdraw waters of the state from additional appropriation, the department shall consult with the standing committees of the house of representatives and the senate having jurisdiction over water resource management issues.
     (2) Prior to the adoption of a rule under this section, the department shall conduct a public hearing in each county in which waters relating to the rule are located. The public hearing shall be preceded by a notice placed in a newspaper of general circulation published within each of said counties. Rules adopted ((hereunder)) under this section shall be subject to review in accordance with the provisions of RCW 34.05.240.